Appeal from the Court of Common Pleas, Case No. 2016 CR
Plaintiff-Appellee, JOHN D. FERRERO PROSECUTING ATTORNEY,
KRISTINE W. BEARD ASSISTANT PROSECUTOR.
Defendant-Appellant DAMARCUS NICHOLSON, BELMONT CORR.
JUDGES: Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon.
Earle E. Wise, J.
Appellant Damarcus Nicholson appeals the decision of the
Court of Common Pleas, Stark County, which denied his request
for a transcript at State expense of certain criminal
proceedings that had ended in a mistrial. Appellee is the
State of Ohio. The relevant facts leading to this appeal are
In August 2016, Appellant Nicholson was indicted by the Stark
County Grand Jury on one count of trafficking in heroin, one
count of aggravated trafficking in drugs, one count of
possession of heroin, and one count of aggravated possession
On August 22, 2016, appellant filed a motion to suppress
evidence of drugs that had been seized from a rental vehicle
he had been using. On September 9, 2016, the trial court
denied appellant's motion to suppress, concluding that
appellant lacked standing to seek suppression of the evidence
seized from the rental vehicle.
The matter proceeded to a jury trial on September 28, 2016.
However, the matter ended in a mistrial on the same day,
based on an issue involving a motion in limine.
Following a second jury trial, commencing on September 29,
2016, appellant was found guilty as charged in the
indictment. The trial court sentenced him on Count I,
trafficking in heroin, to a prison term of eight years. For
purposes of sentencing only, Counts II and III were merged
into Count I, and a twelve-month sentence on Count IV was
ordered to be served concurrently, for an aggregate sentence
of eight years.
Appellant then appealed directly to this Court; however, we
affirmed his conviction on May 15, 2017. See State v.
Nicholson, 5th Dist. Stark No. 2016CA00210,
In the meantime, the trial court issued a written judgment
entry on October 11, 2016, memorializing the mistrial that
had occurred on September 28, 2016. In addition, on April 28,
2017, shortly before the issuance of our decision in regard
to appellant's direct appeal, appellant filed a pro
se request with the trial court for a transcript of the
proceedings leading to the mistrial of September 28, 2016.
On May 2, 2017, via judgment entry, the trial court denied
appellant's request for said transcript.
On May 18, 2017, appellant filed a pro se notice of
appeal. He herein raises the ...